Possession of Firearms or Ammo by Convicted Felons: Navigating a Complex Legal Landscape in Coral Gables
Florida’s Firearm and Ammunition Laws
Florida has some of the strictest laws in the nation regarding firearm and ammo possession by convicted felons. It is generally illegal under Florida statute 790.23 for anyone who has been convicted of a felony to own or have a firearm, electric weapon or device, or ammunition in their care, custody, possession or control. Violating this law carries harsh penalties, including up to 15 years in prison and up to a $10,000 fine.
There are limited exceptions, such as if a felon has had their civil rights restored or received a pardon that specifically authorizes firearm or ammo possession. However, the restoration process is complex with specific eligibility criteria. For example, restoration applications may be denied if the convicted felon has any subsequent arrests or convictions, even for a misdemeanor.
Given the complexity around civil rights restoration and the severity of potential penalties for unlawful possession, it is critical to consult with a criminal defense attorney if you have a prior felony conviction and are facing new charges for possessing a firearm or ammunition.
Common Defenses in Firearm and Ammunition Possession Cases
There are several potential defenses that an experienced criminal defense lawyer may use to fight firearm or ammo possession charges against a convicted felon:
Lack of Knowledge or Intent
If you were not aware a firearm or ammunition was present, then you cannot be convicted of possession under Florida law. For example, if a firearm is left in a borrowed car unbeknownst to you as the driver, then you may lack the requisite knowledge and intent to be found guilty.
Invalid Predicate Conviction
If your original felony conviction that prohibits firearm possession is overturned or found invalid, then the new firearm possession charge may also be dismissed. Your defense lawyer can investigate whether your predicate conviction involved any procedural errors or constitutional violations that could warrant reversing it.
Actual or Constructive Possession
The prosecution has to prove you were in actual or constructive possession of the firearm or ammunition. Your attorney can argue there is insufficient evidence to prove you owned, controlled, or had immediate access to the prohibited item.
Stand Your Ground
Florida’s Stand Your Ground law provides immunity protection in some situations for convicted felons who arm themselves in self-defense. However, the criteria for immunity are complex and will require analysis by an experienced criminal defense lawyer.
How an Experienced Lawyer Can Help
If you are convicted felon facing charges of illegally possessing firearms or ammunition in Coral Gables, Miami, or anywhere in South Florida, contact the defense lawyers at Regions Guns & Ammo today. With extensive experience representing clients facing weapons charges, we are familiar with Florida’s laws in this complex area and the variety of defenses that may apply to your specific case.
During a free initial consultation, a member of our legal team will:
- Carefully review the details of your arrest and charges
- Discuss any prior convictions and your history owning/accessing firearms
- Determine whether any defenses or exemption categories might apply to your situation
- Explain the potential penalties if convicted and expected court procedures
- Provide expert guidance on next steps for building your strongest defense
Do not delay seeking experienced legal counsel if you have been arrested for unlawful firearm/ammo possession as a convicted felon in Miami-Dade County. The defense lawyers at Regions Guns & Ammo are here to protect your rights at this critical time. Reach out today to schedule your free case review.